Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088
Domestic Violence may come in a form of Sexual Assault. According to Nevada Revised Statutes 200.366, the legal definition of Sexual Assault is “the act of forcing another person to make a sexual penetration, either on himself, herself or to another person, against the will of the victim, or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.”
Let us thoroughly discuss the law. Domestic Violence by Sexual Assault is:
· Forcing your partner for sex. Against the will of the Victim.
Any act that forces the other person to submit into a sexual act constitutes as Domestic Violence by Sexual Assault. The law did not specify whether the act should be physical or not. Since there are no specifications, we can conclude that the law covers “all” actions. Some examples of these acts include: forcibly undressing the person, tying the person, using threats, blackmails, etc.
· The perpetrator knows that the victim is mentally or physically incapable of resisting.
The NRS states that “the perpetrator should know”. This means that there should be an “intention”. A possible defense for this type of case is either the offender is mentally ill or he doesn’t know what he is doing. I.E. under the influence of drugs or alcohol.
The victim is incapable of resisting if the offender is stronger than the person, there is a reward or threat involved, the victim is mentally ill, etc.
Domestic Violence by Sexual Assault carries harsh penalties. The graveness of the penalties depends on several factors. For example: A sexual assault that resulted in an injury has harsher penalties. If you are charged with Domestic Violence by Sexual Assault, consult with a Las Vegas Domestic Violence Lawyer immediately like Attorney Ross Goodman. He has extensive experience when it comes to defending Domestic Violence Charges. Here are the penalties for Domestic Violence by Sexual Assault:
- Any person who commits Domestic Violence by Sexual Assault will be charged with Category A Felony. It is punishable by Life Imprisonment with possible parole after serving 10 years in prison.
- If the victim suffers substantial bodily harm (Injury), the judge may punish the offender with life imprisonment with or without parole. The parole is possible after serving 15 years in prison.
- If the victim is under 16 years old, the offender shall be charged with Category A Felony. This is punishable of life imprisonment with possible parole after serving 25 years.
- If the victim is under 16 years old and suffered substantial bodily harm, the offender shall be punished with life imprisonment without the possibility of parole.
- If the victim is under 14 years old, the offender shall be punished with life imprisonment with possible beginning when 35 years has been served.
Goodman Law Group is managed and owned by Attorney Ross C. Goodman. The firm has handled numerous criminal defense cases with positive results. Contact the firm at (702) 383 – 5088 for a free consultation.
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